TexasCHLforum.com

jester wrote:

mgood wrote:There is nothing in Texas law dealing with whether a gun is loaded or unloaded, none. If you're legal with an empty gun, you're legal with a loaded gun. IANAL, but that's one of the few points in all this mess that I'm sure of.

The same goes for gun shows that post 30.06 signs. The only place I can find where loaded or unloaded makes a difference is 46.13 but there may be hunting rules. Not that either applies in this case.

Ok, one place.
I looked it up. That's the first time I read that.
Going waaaaaay off topic, ya know, one way you could read that is that if a child picks up an unsecured but unloaded firearm, and loads it himself, then you have committed no crime by leaving it where he could access both the gun and the ammunition.
(a2) "Readily dischargeable firearm" means a firearm
that is loaded with ammunition, whether or not a round is in the
chamber.
(b) A person commits an offense if a child gains access to a
readily dischargeable firearm . . .

Like I said, "Not that either applies in this case."

maximus2161 wrote: Even if you dont have a CHL couldnt you keep your handgun in your hotel room?

If you don't have a CHL the handgun has to stay in the car. It's a felony if you took it out and brought it in the hotel with you.

rockinar wrote:

maximus2161 wrote: Even if you dont have a CHL couldnt you keep your handgun in your hotel room?

If you don't have a CHL the handgun has to stay in the car. It's a felony if you took it out and brought it in the hotel with you.

Can you cite a law on that? I believe your hotel room is considered your property while you are living there. If this is the case I have committed multiple felonies prior to receiving my CHL.

rockinar wrote:

maximus2161 wrote: Even if you dont have a CHL couldnt you keep your handgun in your hotel room?

If you don't have a CHL the handgun has to stay in the car. It's a felony if you took it out and brought it in the hotel with you.

A resurrected thread!

That is not true about the handgun having to stay in your car. Penal code 46.02 makes it unlawful to carry a handgun unless you are on your own premises or premises under your control.

A hotel room you rent is as much under your control as an apartment you rent. And I don't see where you got felony from a 46.02 violation that did not involve a location that sells alcohol.

jbarn wrote:

rockinar wrote:

maximus2161 wrote: Even if you dont have a CHL couldnt you keep your handgun in your hotel room?

If you don't have a CHL the handgun has to stay in the car. It's a felony if you took it out and brought it in the hotel with you.

A resurrected thread!

That is not true about the handgun having to stay in your car. Penal code 46.02 makes it unlawful to carry a handgun unless you are on your own premises or premises under your control.

A hotel room you rent is as much under your control as an apartment you rent. And I don't see where you got felony from a 46.02 violation that did not involve a location that sells alcohol.

To add on to that, to transport it from vehicle to room, just put unloaded in your luggage. reload it (carefully) when you get into your room.

Keith B wrote:

jbarn wrote:

rockinar wrote:

maximus2161 wrote: Even if you dont have a CHL couldnt you keep your handgun in your hotel room?

If you don't have a CHL the handgun has to stay in the car. It's a felony if you took it out and brought it in the hotel with you.

A resurrected thread!

That is not true about the handgun having to stay in your car. Penal code 46.02 makes it unlawful to carry a handgun unless you are on your own premises or premises under your control.

A hotel room you rent is as much under your control as an apartment you rent. And I don't see where you got felony from a 46.02 violation that did not involve a location that sells alcohol.

To add on to that, to transport it from vehicle to room, just put unloaded in your luggage. reload it (carefully) when you get into your room.

Completely safe to do; however, I don't think it necessary. See if my though process makes sense.

46.02 is the applicable offense for this. 46.02 does not differentiate between loaded and unloaded. If I carry an unloaded gun around the mall (minus a CHL) , I can be charged with a violation of 46.02. That said, without a CHL I can carry from my apartment (a rental just like a hotel room) to my car, and from my car back to my apartment. I realize 46.02 uses the phrase "inside of or directly en route to a motor vehicle" I don't think we would tell people who live in an apartment or house (who may park on the street) that they have to unload and pack away the handgun to carry the handgun from vehicle to room.

Agree?

PLUS, we still have a section of law that completely makes 46.02 non-applicable. Just like carry with a CHL, a person who is traveling does not have 46.02 apply to them. A person traveling is not violating section 46.02 by carrying a handgun. While traveling is not defined in the code, it seems to me that staying overnight in a hotel is pretty strong evidence that a person is traveling.

In my opinion, a person staying overnight in a hotel can carry on or about his person a handgun, CHL or not, to and from his vehicle without being in violation of 46.02.

jbarn wrote: Completely safe to do; however, I don't think it necessary. See if my though process makes sense.

46.02 is the applicable offense for this. 46.02 does not differentiate between loaded and unloaded. If I carry an unloaded gun around the mall (minus a CHL) , I can be charged with a violation of 46.02. That said, without a CHL I can carry from my apartment (a rental just like a hotel room) to my car, and from my car back to my apartment. I realize 46.02 uses the phrase "inside of or directly en route to a motor vehicle" I don't think we would tell people who live in an apartment or house (who may park on the street) that they have to unload and pack away the handgun to carry the handgun from vehicle to room.

Agree?

PLUS, we still have a section of law that completely makes 46.02 non-applicable. Just like carry with a CHL, a person who is traveling does not have 46.02 apply to them. A person traveling is not violating section 46.02 by carrying a handgun. While traveling is not defined in the code, it seems to me that staying overnight in a hotel is pretty strong evidence that a person is traveling.

In my opinion, a person staying overnight in a hotel can carry on or about his person a handgun, CHL or not, to and from his vehicle without being in violation of 46.02.

I don't disagree if you go straight between hotel room and vehicle. Traveling might come into play as well. Not any case law on it, so just have to make sure you have your ducks in a row and your justification by law if anyone quesitons you on the possesion in the hotel.

As I understand it, a hotel must give a potential customer notice on their website that they do not allow guns.

I know of a few Hilton properties that have posted 30.06 notices on the glass by the front door, but when I look at their website there is nothing. I even went part way through the reservation process to see if it popped up, and it didn't.

What recourse does a CHL holder have?

healthinsp wrote:As I understand it, a hotel must give a potential customer notice on their website that they do not allow guns.

I know of a few Hilton properties that have posted 30.06 notices on the glass by the front door, but when I look at their website there is nothing. I even went part way through the reservation process to see if it popped up, and it didn't.

What recourse does a CHL holder have?

The 30.06 does not apply to you when you carry from your car to your room and back. It does apply if eating in the hotel, attending conferences, etc.

Their lack of posting notice on the website does not invalidate penal code violations

jbarn wrote:

rockinar wrote:

maximus2161 wrote: Even if you dont have a CHL couldnt you keep your handgun in your hotel room?

If you don't have a CHL the handgun has to stay in the car. It's a felony if you took it out and brought it in the hotel with you.

A resurrected thread!

ZOMBIES!

jbarn wrote:

healthinsp wrote:As I understand it, a hotel must give a potential customer notice on their website that they do not allow guns.

I know of a few Hilton properties that have posted 30.06 notices on the glass by the front door, but when I look at their website there is nothing. I even went part way through the reservation process to see if it popped up, and it didn't.

What recourse does a CHL holder have?

The 30.06 does not apply to you when you carry from your car to your room and back. It does apply if eating in the hotel, attending conferences, etc.

Their lack of posting notice on the website does not invalidate penal code violations

I get that, but that isn't my point. I think the intent of the Texas notification requirements is to give the renter the ability to make an informed decision as to whether or not rent at that particular hotel. Many here refuse to patronize a place that posts a 30.06 sign, but if you have already made reservations and now you discover you cannot have breakfast in the restaurant with your CCW or even just check in...I guess if you made a big enough scene you could get out of your reservation, but what happens if it's a busy weekend and there is no where else close by to go?

I like the notification requirement, but it's unenforceable.

healthinsp wrote:

jbarn wrote:

healthinsp wrote:As I understand it, a hotel must give a potential customer notice on their website that they do not allow guns.

I know of a few Hilton properties that have posted 30.06 notices on the glass by the front door, but when I look at their website there is nothing. I even went part way through the reservation process to see if it popped up, and it didn't.

What recourse does a CHL holder have?

The 30.06 does not apply to you when you carry from your car to your room and back. It does apply if eating in the hotel, attending conferences, etc.

Their lack of posting notice on the website does not invalidate penal code violations

I get that, but that isn't my point. I think the intent of the Texas notification requirements is to give the renter the ability to make an informed decision as to whether or not rent at that particular hotel. Many here refuse to patronize a place that posts a 30.06 sign, but if you have already made reservations and now you discover you cannot have breakfast in the restaurant with your CCW or even just check in...I guess if you made a big enough scene you could get out of your reservation, but what happens if it's a busy weekend and there is no where else close by to go?

I like the notification requirement, but it's unenforceable.

Ding, Ding!